- POLITY
SC TO EXAMINE IF GOVERNORS ARE SUBVERTING FEDERALISM
- In the legislative procedure of a bill in a state legislative assembly:
- The bill is introduced, debated, and passed by the assembly.
- It is then sent to the Governor for assent.
- The Governor can either give assent, withhold assent, return the bill for reconsideration.
- Or reserve it for the President’s consideration. The current judicial discussion arose from a petition by the State of Kerala, where the Governor delayed action on several bills and eventually referred them to the President, leading to concerns about Union interference in state matters.
- The Governor’s role in state administration is defined by the Constitution, particularly Articles 200 and 201. The Governor acts as a bridge between the state and the Centre, ensuring that state legislation aligns with constitutional provisions.
- However, the Governor’s discretionary power to reserve bills for the President’s consideration, as per Article 213, is meant to be exercised under specific circumstances.
- Challenges to Effective Governance:
- Delay in Legislative Process: Indefinite delays by the Governor in acting on bills can stall important state legislation, affecting governance and welfare measures.
- Union Interference: Referring bills to the President, who acts on the advice of the Centre, can lead to undue Union influence over state matters, undermining federalism.
- State of Kerala’s Arguments: The Governor should have returned the bills with objections instead of sitting on them.
- The Centre withheld assent on four bills without providing reasons, which is arbitrary and violates Articles 14, 200, and 201.
- The Governor’s actions subvert the federal structure and the balance between state and central powers.
- Governor’s Defence: The Governor’s power to reserve bills for the President is constitutionally sanctioned.
- The reference to the President is a safeguard to ensure that state legislation does not contravene national interests or constitutional provisions.
- Judicial Precedents:
- Shamsher Singh vs. State of Punjab (1974): The Supreme Court held that the Governor must act on the advice of the Council of Ministers except in certain exceptional circumstances.
- Nabam Rebia vs. Deputy Speaker (2016): The Court emphasized that the Governor’s discretion is limited and must be exercised judiciously.
2. SCIENCE AND TECHNOLOGY
SUING CHILDREN’S PERSONAL DATA LEGALLY AND SECURELY
- The Ministry of Education has implemented platforms like UDISE+ and APAAR to streamline this process. However, the use of children’s personal data raises significant legal and security concerns.
- Key Platforms and Their Functions
- UDISE+ (Unified District Information System for Education Plus):
- Purpose: Collects real-time data on school infrastructure, teachers, student enrollment, and academic performance.
- Objective: Enhances resource allocation, monitors educational programs, and maps educational trends to improve the quality of education.
- APAAR (Automated Permanent Academic Account Registry):
- Purpose: Serves as a unique identifier for students, collating their academic credentials in one place.
- Data Collected: Includes demographic information and Aadhaar details, obtained through voluntary consent.
- Legal Framework and Compliance
- Digital Personal Data Protection (DPDP) Act, 2023:
- Consent: Emphasizes the need for specific and voluntary consent for data collection.
- Purpose Limitation: Data should be collected only for specified legitimate purposes.
- Parental Consent: Requires verifiable parental consent for minors’ data.
- Supreme Court’s Three-Part Test for Privacy
- Legitimate State Interest: The state must have a legitimate interest in restricting the right to privacy.
- Necessity and Proportionality: The restriction must be necessary and proportionate to achieve the interest.
- Legal Basis: The restriction must be imposed by law.
3. INTERNATIONAL
ASEAN CORNERSTONE OF INDIA’S ACT EAST POLICY – JAISHANKAR
- The Association of Southeast Asian Nations (ASEAN) plays a pivotal role in India’s Act East Policy and its broader Indo-Pacific vision.
- External Affairs Minister S. Jaishankar’s recent visit to Vientiane, Laos, underscores the importance of this relationship as India seeks to deepen its cooperation with the ASEAN bloc.
- Key Highlights of the Visit
- Strategic Importance:
- Act East Policy: Announced by Prime Minister Narendra Modi in 2014, the Act East Policy aims to enhance India’s engagement with Southeast Asia and the broader Asia-Pacific region.
- Indo-Pacific Vision: ASEAN is central to India’s vision for a free, open, and inclusive Indo-Pacific, emphasizing maritime security, connectivity, and economic integration.
- ASEAN-India Foreign Ministers Meeting:
- Political and Security Cooperation: Mr. Jaishankar highlighted the priority of political, economic, and security cooperation with ASEAN.
- People-to-People Linkages: Emphasis was placed on expanding cultural and educational exchanges to strengthen ties between the peoples of India and ASEAN countries.
- Decade of Act East Policy:
- Significance: The visit marks a decade since the announcement of the Act East Policy, reflecting on the progress made and setting the stage for future cooperation.
- Achievements: Over the past decade, India has significantly enhanced its diplomatic, economic, and strategic engagements with ASEAN countries.
- Areas of Cooperation
- Economic Engagement:
- Trade and Investment: India and ASEAN have a robust trade relationship, with bilateral trade reaching approximately $110 billion in 2022-23.
- Free Trade Agreement (FTA): The ASEAN-India Free Trade Agreement, in force since 2010, has facilitated increased trade and investment flows.
- Connectivity: Physical Connectivity: Projects like the India-Myanmar-Thailand Trilateral Highway aim to enhance physical connectivity between India and Southeast Asia.
- Digital Connectivity: Initiatives to improve digital infrastructure and cybersecurity cooperation are also being pursued.
- Maritime Security: Joint Exercises: India regularly participates in maritime exercises with ASEAN countries to ensure the security of sea lanes and combat piracy.
- Blue Economy: Cooperation in sustainable use of ocean resources is a key area of focus.
- Cultural and Educational Exchanges: Scholarships and Fellowships: India offers various scholarships and fellowships to students from ASEAN countries.
- Cultural Festivals: Regular cultural festivals and exchanges help promote mutual understanding and appreciation of each other’s heritage.
4. DEFENCE – BORDER ISSUES
GNLF ISSUES ULTIMATUM TO FORM SEPARATE GORKHALAND
- The issue of Gorkhaland is a long-standing and complex one, rooted in the demand for a separate state for the Gorkha ethnic group in the Darjeeling hills and surrounding areas of West Bengal.
- Historical Context: Origins: The demand for a separate state of Gorkhaland dates back to the 1980s, spearheaded by Subhas Ghisingh and the Gorkha National Liberation Front (GNLF). The movement was driven by the desire for recognition of the distinct identity, culture, and language of the Gorkha people.
- Violence and Protests: The movement has seen periods of intense violence and protests, notably in the 1980s and again in 2017, when a 100-day economic blockade was imposed in the Darjeeling hills.
- Recent Developments: Union Minister’s Proposal: Union Minister of State for Development of Northeastern Region, Sukanta Majumdar, suggested including North Bengal in the Northeastern region. This proposal has reignited the demand for Gorkhaland.
- GNLF Ultimatum: Mann Ghisingh, leader of the GNLF, has issued an ultimatum to the BJP to resolve the Gorkha issues by April 5, 2025. The GNLF is an ally of the BJP, and this demand puts pressure on the party to address the issue.
- Political Reactions: Various hill parties, including the Gorkha Janmukti Morcha (GJM) and the Bharatiya Gorkha Prajatantrik Morcha (BGPM), have renewed their calls for Gorkhaland. The BJP’s manifesto for the Lok Sabha elections did not mention Gorkhaland, which has caused dissatisfaction among the hill parties.
- Broader Implications: Regional Stability: The demand for Gorkhaland has implications for regional stability and governance in West Bengal.
- Political Dynamics: The issue affects the political dynamics between the BJP, Trinamool Congress, and local hill parties.
5. ECONOMY
AT NITI MEET PM CALLS FOR COMBINED EFFORTS OF STATES
- Meeting Context: The first NITI Aayog Governing Council meeting post-Lok Sabha elections was held.
- Prime Minister Narendra Modi chaired the meeting, emphasizing the vision of a ‘Viksit Bharat 2047’ (Developed India 2047).
- Prime Minister’s Vision: PM Modi highlighted that achieving a developed India by 2047 requires the combined efforts of all states.
- He stressed the importance of states in realizing this ambition due to their direct connection with the people
- PM Modi proposed the idea of ‘zero poverty’ markers for villages, similar to markers for drinking water and toilets.
- The need for demographic management was discussed, considering the aging population of the country.
- An approach paper for the vision document has been circulated among states, with responses expected within two to three weeks
ONE LINER
- The first joint military exercise of the Shanghai Cooperation Organization (SCO) was conducted in china
- World’s Most Powerful Passports List – Singapore tops, India at 82nd.